Mathews v. Tobias
Oregon Supreme Court
From Multnomah: Robert Q-. Morrow, Judge. Department 1. This is a suit in equity to enforce specifically the terms of an alleged contract to devise to Nannie Mathews, by will, Lot 3, in Block 89, Couch’s Addition to the City of Portland, Oregon.
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From Multnomah: Robert Q-. Morrow, Judge. Department 1. This is a suit in equity to enforce specifically the terms of an alleged contract to devise to Nannie Mathews, by will, Lot 3, in Block 89, Couch’s Addition to the City of Portland, Oregon. The complaint alleges that the plaintiff, Nannie Mathews, is the daughter of Robert T. Dale and Anna E. Dale, his wife, both of whom are deceased; that the defendant Mattie M. Tobias is the daughter of the plaintiff; that the defendant David S. Tobias is the husband of Mattie M.- Tobias, and that Helen Tobias is the daughter of the defendants Mattie…
1Opinion of the CourtBrown, J.
This case, like many others, illustrates the ambulatory character of wills. The devising of property by will is a right conferred by law. So far as the statute is concerned, Anna E. Dale had the right to change her mind with reference to the beneficiaries of her real property as often as she chose. We assume that her testament was the written expression of her free act and will. But it is asserted that the testatrix, in a previous will, had made the plaintiff her chief beneficiary and, for a consideration, had bargained away her right to alter that will. This may be true. The inquiry then is:…
2Cases cited20 opinions
- Rowell v. SmithWisconsin Supreme Court · 1905
- Teske v. DittbernerNebraska Supreme Court · 1903
- Brinton ex rel. Pavey v. Van CottUtah Supreme Court · 1893
- Bryson v. McShaneWest Virginia Supreme Court · 1900
- Woods v. DunnOregon Supreme Court · 1916
15 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Wagner v. Savage, as Adm'rOregon Supreme Court · 1952
- Tigglebeck v. RussellOregon Supreme Court · 1949
- Hunter v. AllenOregon Supreme Court · 1944
- Andrews v. AikensIdaho Supreme Court · 1927
- Brennen v. DerbyOregon Supreme Court · 1928
11 more not listed; retrieve them via the Exa API.